St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-09-17
Text Of Judge Palmer's Bill
to Create Two New Ju-
dicial Districts.
Col. East Makes a Statement
Regarding the Van Tas-
sci Resignation
Gov. Church Will Make No
Concessions in the Yank-
ton Trustees Matter.
The Sentence Against Coils,
Webb and Brown Will Not
Be Rescinded.
Special to the Globe

special 10 the GlODe.
SIOUX FALLS, Sept. 16.-Judge G. S.
Palmer, of this city, has been busy for
some time preparing bill providing for
two new judicial districts in the terri
tory. The bill is now in the hands of
the other district judges, and will I'M
dOubtedly meet with their approval.
The bill will be brought before the COM
ing session of congress-, and strong
Dakota representation will back Dele
gate Clifford in his effort to secure its
passage. Judge Palmer is hopeful of
its passage. He has exercised much
care in drafting the measure, and, as it
now stands, it covers the ground very
fully. Judge Palmer gives the main
objects of the bill as, first, to give Da-
kOta additional judges; second, to avoid
the cumberousness of supreme court
narly as possible an Independent ap-
pellate tribunal, which will be accom-
pliShed by the chief justice designating
those judges to sit with him who did not
try the cases in the lower court.
THE BILL Is AS FOLLOWS:
The supreme court of the territory of Da-
kota shall consist of a chief justice and seven
associate justices, any five of whom shall
constitute quorum.
1t shall be the duty of the president to ap-
point two additional associate justices of
said supreme court, in manner now provided
by law, who shall hold their offices for the
term of four years.
The territory shall be divided into eight
judicial districts and the district court shall
be held in each district by one of the justices
of the supreme court, at such time and place
as may be prescribed by law. Each judge,
after assignment. shall reside in the district
10 which he is assigned.
The Fifth district shall consist of the fol-
lowing counties: Beadle, Kingsbury, Brook
ings, Hamlin, Deuel., Codington, Clark. Grant
Roberts, Day, Marshall and the Sisseton and
WahpetOn Indian reservation. And all the
remainder of the territory which now con-
stitutes the Fifth judicial district shall con-
stitute
THE SEVENTH JUDICIAL DISTRICT.
The Third district shall consist of the fol-
lowing counties: Richland, Sargent, Ran
som, Barnes, Cass, Trail, Steele, Griggs, La
Moure and Dickey. The Eighth district shall
consist of the following counties: Grand
Forks, Walsh, Pembina, Cavalier, Ramsey.
Nelson, Towner, Rolette, De Smet, Botti-
neau, Wynn, McHenry, Stevens. Ward, Rem
vile, Garfield Wallace, Aired, Buford. Flan-
merry ana MOnTraille; ana the Sixth shall con-
sist of the remainder of the. territory which
now constitutes the Third district and Sixth
district respectively. Temporarily, until
otherwise ordered by law, the additional as
sociate justices to be appointed under the
act are assigned to the Seventh and Eighth
districts, and the time and place, as now
fixed by the statute of the territory for hold
ing court therein, shall remain until changed
by law. The district courts for the Fifth and
Seventh judicial districts
SHALL HAVE NO JURISDICTION
to try any matter or cause wherein the United
States is party. and no United States grand
or petit jury shall be summoned in said court;
but the Fifth judicial district is attached to
and made part of the Fourth judicial dis
trict, as now constituted and defined by the
laws Of the territory, for the purpose of hear
ing and determining all matters and causes
arising within the Fifth district in which the
United States is party. The Seventh dis
trict is attached to and made part of the
Second district for the same purposes. The
district court for the Fourth judicial district
as now constituted by the laws of the terri
tiers and causes that the court of any district
in the territory now possesses: and for such
purposes two terms of court shall be annu-
ally held in Sioux Falls.
The same provision is made in the case of
the district court for the Eighth judicial dis
trlct. Two terms of ceurt to held
ANNUALLY AT GRAND FORKS.
There shall be two terms of the supreme
held at the seat of government and the other
at the city of Yanktown; and, until changed
by the legislature, the times for holding the
terms of court shall be as now fixed by the
law of this territory.
1t shall be the duty of the chief justice of
the supreme court 10 designate not less than
four of the associate justices to preside with
him at each term of the supreme
court. And he may, at any time
designate which of the associate justices
shall preside with him at any term or part of
any term, of the supreme court, provided no
number less than five shall be present and
sitting at all times during such terms of
court In case of disability (from any cause),
of the chief justice to perform his duties, the
associate justice, who is senior in date of APP
pointment, shall perform such duties till
such time as the chief justice shall be present
and qualified to act.
All offenses committed before the passage
and approval of this act shall be prosecuted.
tried and determined in the same manner
and with the same effect Except as to the
number of judges, as if this act had not